J.Kathiresan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE M. SUNDAR AND THE HONOURABLE MR. JUSTICE HEMANT CHANDANGOUDAR J. Kathiresan Petitioner vs.

1.

The District Collector Chengalpet District The Revenue Divisional Officer Chengalpet District The Tahsildar Thiruporur Taluk Chengalpet District 4.

Elumalai 5.

Kannan 6.

Palayam 7.

Rajaram Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 23.06.2025 and issue patta in favour of the

petitioner and evict the respondents 4 to 7 on the basis of the petitioner's representation dated 23.06.2025 within a time frame. For petitioner Mr. M. Gnanasekar For RR 1 to 3 Mr. T.K. Saravanan Addl. Govt. Pleader For RR 4 to 7 Notice dispensed with

ORDER

(made by M. SUNDAR, J.) Subject matter of captioned 'writ petition' [hereinafter 'WP' for the sake of brevity] is alleged encroachments on the lands comprised in 'Survey Nos.211/9 and 211/10 at Pattinathamman Koil Street, Periyapilleri, Thaiyur Village, Thirporur Taluk, Chengalpet District' [hereinafter 'said lands' for the sake of convenience and clarity].

Request for removal of aforereferred alleged encroachments by writ petitioner by way of a representation dated 23.06.2025 to official respondents (respondents 1 to 3) has not yielded results and that has necessitated captioned WP, is the submission of Mr. M. Gnanasekar, learned counsel on record for writ petitioner.

Issue notice to official respondents (respondents 1 to 3).

4.

Mr. T.K. Saravanan, learned Additional Government Pleader, accepts notice for official respondents (respondents 1 to 3). Learned State counsel for official respondents (respondents 1 to 3) submits that survey of said lands will be done after putting all concerned on notice and in their presence, within a period of eight weeks from today, i.e., on or before 08.10.2025, and depending on the outcome of the survey, action for removal of encroachments (in the event the survey report discloses encroachments) will be commenced vide the provisions of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905), as expeditiously as the business of official respondents would permit but in any event within a period of eight weeks therefrom, i.e., on or before 03.12.2025. This submission is recorded.

5.

Though obvious, we make it clear that all the rights and contentions of private respondents (respondents 4 to 7) stand preserved and this order does not touch or impinge upon or impact their rights. Axiomatically, the petitioner's plea for issue of patta shall also be considered on its own merits. Likewise, when proceedings under said 1905 Act are commenced, if private respondents (respondents 4 to 7) make a request for issue of patta, the same shall also be considered on its own merits and in accordance with law. Therefore, there is no impediment in dispensing with

notice to private respondents (respondents 4 to 7) and taking up the captioned WP with the consent of the learned State counsel and learned counsel for writ petitioner. We do so.

6.

In the light of the narrative thus far, captioned WP is disposed of in the aforesaid manner, recording the stated position of learned State counsel. There shall be no order as to costs. (M.S., J.) (H.C., J.) 13.08.2025 cad Index: Yes/No NC : Yes/No

To:

1.

The District Collector Chengalpet District The Revenue Divisional Officer Chengalpet District The Tahsildar Thiruporur Taluk Chengalpet District

M. SUNDAR, J.

and HEMANT CHANDANGOUDAR, J.

cad 13.08.2025